Jan 23, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Parental Status Discrimination in the Federal Government

Parental discrimination in the workplace is less common than most other forms of discrimination. It was only definitively banned in 2000 when then-President Bill Clinton signed Executive Order 13152. Despite that ban, parental status discrimination continues to occur. Moreover, parental status discrimination also frequently comes with pregnancy discrimination—so it’s prudent to educate yourself on its definition. You should also review at least one parental status discrimination example so you have an idea of what it looks like in the real world. As federal employment attorneys, one of our primary goals is to educate federal employees about potential infringements on their rights. We’ll begin this article by reviewing the federal definition of parental status discrimination. We’ll then go through examples of parental status discrimination and discuss when it is wise to obtain legal assistance. If you have additional questions about parental status discrimination after reading this article, contact us today. What Is the Definition of Parental Status Discrimination? Executive Order 13152 defines “status as a parent” to refer to anyone who is a parent of a minor or an adult who has a mental or physical disability. The word parent refers to: It also includes anyone who is trying to obtain custody or adopt a child or disabled adult. On the other hand, the word “discrimination” refers to any negative treatment of a federal employee based on such status. This can include: Finally, discrimination includes acts that can contribute to a hostile work environment, like slurs, inappropriate jokes, threats of violence, and lewd comments. Discrimination can be overt or subtle. In either case, it undermines the fundamental principle of equality by imposing disadvantages on certain groups because of their personal characteristics rather than their job performance. Parental Status Discrimination Example John, a dedicated federal employee at the U.S. Environmental Protection Agency (EPA), has worked there for seven years. He is known for his hard work and has consistently received positive performance reviews. John and his wife recently adopted two young children. To balance his work and new family responsibilities, John requested a flexible work schedule, a benefit that his agency offers to all employees. John’s immediate supervisor, Susan, approved his request initially. However, John noticed a significant change in how Susan treated him compared to his colleagues over the following months. Despite John’s continued high performance, he realized his supervisor was leaving him out of important project meetings. Also, he discovered his chain of command was no longer considering him for roles on high-profile projects that were crucial for his career advancement. Instead, John’s management began offering these roles to co-workers who were not parents or whose children were older. Just last week, John experienced two troubling incidents with Susan. On Monday, Susan casually remarked that John might be “too busy with the kids” to take on additional responsibilities during a department meeting. On Thursday, Susan passed over John for a team lead position on a high-profile project. When John inquired about this, Susan mentioned that he already had enough on his plate with his family. Should I Obtain Legal Help? The behavior in this parental status discrimination example is just one of countless possible scenarios involving that kind of behavior. If you think you or a loved one are receiving different treatment because of your parental status, there are several signs you should obtain legal counsel: Even if you’re not sure whether you’re experiencing parental status discrimination, it’s better to err on the side of caution. Consulting an attorney can help you prevent the situation from escalating further. Let Us Help You Find Your Path Forward Dealing with parental status discrimination is generally a bewildering and unexpected ordeal. But remember, you can hire a powerful advocate to help you surmount this situation. Having a skilled attorney can be a game-changer in defending your rights and saving your career. Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, our focus is solely on federal employment law. That means we’re deeply familiar with relatively obscure types of discrimination, including parental status discrimination. When you set up an appointment with us, we can assess whether your employer is discriminating against you and provide you with an overview of your legal options. Don’t hesitate to reach out. Give us a call today or contact us online to arrange a free initial consultation.

Nov 23, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal EEOC

Overview of Federal EEOC Complaint Process

No matter what your job is, you may encounter discrimination in the workplace during your career. There are several laws the Equal Employment Opportunity Commission (EEOC) enforces that protect federal employees from discrimination. But what is the federal EEOC complaint process? If you find yourself the victim of discrimination in the federal workplace, it’s important to understand your rights and how to enforce them with an EEOC complaint. For immediate assistance, please don’t hesitate to send a message or call us at (833) 833-3529 today. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination. Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable. Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or national origin, age, and disability. Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview. This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination. Once the investigation is complete, you may request a hearing before an administrative judge, or you can request an immediate final decision for your EEOC complaint from your agency. 4. Hearing Before an Administrative Judge Like other court proceedings, an EEOC hearing involves presenting your case to an administrative judge. Each party also has the opportunity to conduct discovery to obtain additional information. At the end of the hearing, the judge will review the record and issue a decision about whether there was discrimination. In some cases, a federal employee may not need to request a hearing. Accordingly, hearings do not always happen as part of the federal EEOC complaint process. 5. Your Agency Issues a Final Decision Whether you choose a hearing or not, the final main step is your agency’s final decision. The agency will review the judge’s final order or the evidence from the investigation and notify you whether it found any discrimination. If there was discrimination, the agency may implement the judge’s orders or its own remedy. Because final decisions may not be in the employee’s favor, federal employees have the right to appeal a final agency action to the EEOC’s appellate division, the Office of Federal Operations (OFO). 6. Appealing to the EEOC You may appeal your agency’s decision to the OFO within 30 days of that decision. During the appeal process, the OFO will review the entire history of your complaint and the evidence in the record. The OFO will then issue its own determination of whether there was any discrimination. Having a federal EEOC lawyer is the best way to make sure your arguments are properly presented in this case. Contact a Federal EEOC Lawyer The federal EEOC complaint process looks long and stressful, but it doesn’t have to be. The attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have years of experience representing federal employees in a variety of employment matters. If you’ve suffered discrimination and need help with your EEOC complaint, we can help. Contact us today online or at (833) 833-3529.

Nov 21, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Understanding Religious Discrimination in the Federal Workplace

Religious freedom is one of the greatest liberties in American society. Thanks to the First Amendment and the Civil Rights Act of 1964, Americans may practice their religious belief (or non-belief) without fear of religious discrimination in the workplace. Consequently, if you think you are experiencing religious discrimination, you should contact a federal employment attorney right away. What Is Religious Discrimination? Most Americans understand that religious discrimination is prohibited by law. Not as many understand religious discrimination’s exact definition as it applies to the federal workplace. Put simply, religious discrimination is any negative treatment of an employee or applicant because of that employee’s religion. In the workplace, religious discrimination is legally prohibited across all facets of employment. This encompasses hiring, firing, compensation, job assignments, and the classification of employees. Additionally, harassment based on an individual’s religion is strictly forbidden. The prohibition against religious discrimination is very broad. In fact, religious discrimination law protects not only adherents of major global religions like Christianity, Judaism, and Islam. It also shields those who follow little-known faiths and all those who have any kind of sincerely held religious or moral beliefs. This means that atheists and agnostics are also protected against religious discrimination in the workplace. Title VII of the Civil Rights Act of 1964 forbids religious discrimination in any and all aspects of employment. This includes things like hiring, firing, compensation, promotions, training, work schedule, and job assignments. The definition of religious discrimination includes harassment as well. Religious harassment refers to several different offensive behaviors aimed at someone because of their religion, including: However, any demeaning behavior that creates an objectively hostile or offensive work environment constitutes harassment. On the other hand, simple teasing and isolated incidents do not usually constitute illegal harassment. Unfortunately, there are situations where it can be difficult to tell if you are experiencing harassment. A knowledgeable federal employment attorney can help you make sense of your situation and move forward. Examples of Religious Discrimination in the Workplace Religious discrimination is distressingly common. According to a 2019 Pew Research study, over 80% of Americans believe that members of at least one religion experience religious discrimination. Specifically, 82% of Americans said that Muslims experienced at least some religious discrimination, and 50% believed that Evangelical Christians were the target of at least some religious discrimination. Yet what does religious discrimination actually look like? Here are a few examples of religious discrimination and harassment in the workplace: These are just a few examples. A qualified federal labor law attorney can help you understand if your situation constitutes religious discrimination or harassment. Looking to Learn More About Religious Discrimination in the Workplace? Religious discrimination is no joke. It can cause isolation, depression, and burnout. It can be easy to feel defeated when you’re subjected to religious discrimination every day. But there’s good news. You have rights. At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our passion is helping federal employees stand up for their rights. We believe that no employee should have to deal with religious discrimination. Unlike many other firms, we focus exclusively on helping federal employees, which means we know what we’re doing. Together, we can help you fight back against the discriminatory actors in your work environment. We can also help you receive just compensation for the losses you’ve experienced because of religious discrimination. People are often reluctant to hire an attorney because they are anxious about money. We understand that, and we don’t want money to keep you from reaching out to us. There’s nothing to lose by giving us a call today at (866)612-5956 or contacting us online. Don’t wait. Let us help you!

Nov 17, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEOC

Filing an EEOC Complaint of Racial Discrimination

Racial discrimination in the workplace is still shockingly common. Federal employees submit between 20,000 and 40,000 complaints of racial discrimination every year. Countless more incidents of racial complaints either resolve at an informal level or go completely unreported. As a result, every federal employee must know what racial discrimination is. In addition, they also need to know how to respond to it by filing a formal complaint with the Equal Employment Opportunity Commission (EEOC). If you are facing possible racial discrimination, then you’ll want to peruse this piece. We’ll first touch on what racial discrimination is under applicable law. Then, we will walk you through filing an EEOC complaint. Contact a dedicated team of federal employment attorneys today if you have additional questions or want legal advice on your specific legal situation. Identifying Racial Discrimination Racial discrimination has been illegal in both federal and private workplaces since the passage of the Civil Rights Act of 1964. But what exactly is racial discrimination? The simple definition is any unfavorable treatment of a person in employment because of their race. While it may sound simple enough, this definition has a few nuances to understand. For one, a person’s race includes their race and related characteristics. Examples of potential racial characteristics include a person’s hair type, facial structure, or skin color. In addition, “in employment” extends to every possible facet of a person’s job. Actions that can constitute racial discrimination include: Racial discrimination often goes hand-in-hand with color discrimination, which is unfavorable treatment because of your skin color. While the two issues are very similar, there can be vital differences. Many racial discrimination cases involve racial harassment, which is offensive behavior that makes your working environment objectively hostile. Filing an EEOC Racial Discrimination Complaint All EEOC racial discrimination complaints begin with a complaint to your agency’s local equal employment opportunity (EEO) office. It’s easy to initiate this. All you have to do is find your local EEO office’s contact information and report the discrimination to an EEO counselor. Contacting a counselor begins the information EEO complaint process. The counselor will try to resolve your claims through traditional counseling (which involves discussing your claims with your management) or mediation. You can choose which path to follow. If you can’t resolve your complaint at this level, you will file a formal EEOC complaint with your agency. This triggers an investigation into the facts by a third-party investigator. The investigator will interview you, your management, the person responsible for the discrimination, and any witnesses to the behavior. They’ll also collect certain agency evidence. At the end of the investigation, the investigator will send you and your agency a Report of Investigation (ROI) that documents the factual landscape surrounding your complaint. You will also receive the right to request an EEOC hearing before an administrative judge or a Final Agency Decision. Requesting an EEOC hearing with an administrative judge initiates formal litigation. It’s essential you have an attorney representing you by the time you request a hearing. The administrative judge will set an initial conference to discuss your claims and key procedural details. The judge will then allow the parties to conduct discovery and set a hearing date. While you go through the discovery process and prepare for a hearing, you may have the opportunity to negotiate a fair settlement with your agency. Lawyers can be especially invaluable here because of their negotiation skills and experience. If you’re unable to negotiate a settlement, you’ll attend a hearing. The administrative judge will hear evidence from both parties and determine whether your claims have merit. You can choose to appeal an unfavorable decision. Get the Experienced Legal Assistance You Deserve. As you can see, the EEOC complaint filing process is complex. It takes months or years to resolve and involves many specific deadlines and procedural requirements. Failure to abide by these deadlines can torpedo your case and jeopardize your career. To ensure you get the best outcome possible, contact the team at the Federal Employment Law Firm of Aaron D. Wersing. Our entire practice revolves around defending the rights of federal employees. That means we know how to effectively assess your legal needs and brainstorm the best strategies for resolving your case. Furthermore, it costs nothing to have an initial consultation with us. Call today or visit our website to get going.

Oct 13, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Pregnancy Discrimination Overview for Federal Employees

Treating a woman unfavorably because of pregnancy and childbirth has been against the law for decades. However, there are between 2,000 and 4,000 pregnancy discrimination claims annually in the federal workplace. While pregnancy discrimination may seem explanatory to some, it’s wise to educate yourself on what it is. Education is important if you or a loved one are facing pregnancy discrimination in the workplace. As dedicated federal employment attorneys, it is our honor and passion to educate workers on every aspect of their rights. Read on to learn more about pregnancy discrimination in the workplace. We’ll cover the definition of pregnancy and relate the laws that protect pregnant women. Then, we’ll unpack how you can fight pregnancy discrimination. If you still have questions about pregnancy discrimination or wish to consult an attorney, contact us right away. What Is Pregnancy Discrimination? According to the EEOC, pregnancy discrimination occurs when employers treat women unfavorably because of pregnancy or childbirth. Pregnancy discrimination may also happen because of a pregnancy-related physical or mental disability, such as postpartum depression. The prohibition against discrimination extends to every aspect of employment. So, it’s discrimination if an employee faces negative consequences like termination or demotion because she’s pregnant or given birth. It’s also illegal for an agency to alter a pregnant woman’s work schedule, transfer her, or exclude her from meetings. What Laws Prohibit Pregnancy Discrimination? Several laws interface together to prohibit pregnancy-based discrimination and harassment. These include: Pregnancy rights recently took a great leap forward with the passage of the Federal Employee Paid Leave Act (FEPLA). FEPLA grants new mothers and fathers up to 12 weeks of paid parental leave. Collectively, these laws give substantial rights to employees. And employers must always respect those rights. How to Respond to Pregnancy Discrimination Facing pregnancy discrimination at work? It’s tough, but here’s a step-by-step on how to handle it: Finally, take care of yourself. Pregnancy discrimination takes a toll. It’s essential to seek support, whether through friends or family. Your well-being is crucial. Defend Your Rights by Contacting Us Today Nobody ever imagines themselves having to deal with pregnancy discrimination. Therefore, it can be confusing and difficult to respond to. However, you’re not alone. A qualified attorney can partner with you to defend your rights and hold bad actors accountable. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we specialize exclusively in federal employment law. That means we’ve seen all kinds of discrimination cases, including pregnancy discrimination. On top of that, we’re passionate about defending federal employees against illegal workplace discrimination. So, let’s work together to make federal workplaces free from pregnancy discrimination. Call us today or contact us online to set up a free initial consultation.

Feb 10, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Understanding Discrimination Hiring Practices: Passed Over for Promotion by Less Qualified Employees

When you’re expecting a promotion and have been passed over for promotion by less qualified candidate, it can be frustrating. You may be wondering why you were passed over in favor of someone else, especially if they aren’t as qualified as you are. If you ask your boss and don’t get a satisfactory answer, there may be a reason. Unfortunately, discrimination in the federal workplace is not a new problem. Being passed over for a promotion in favor of a less-qualified candidate is not uncommon either. If you suspect you’re the victim of workplace discrimination, you need to contact a skilled federal employment lawyer right away. Discrimination in Promotion or Non-Selection Federal employers can choose to hire and promote someone for numerous legitimate reasons. However, the law prohibits employers from passing on an employee if their motives are rooted in certain types of discrimination. Actions that are even somewhat discriminatory are unlawful. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in any facet of employment, including hiring, termination, referral, promotion, etc. The Equal Employment Opportunity Commission (EEOC) is the agency that enforces these laws. Employers cannot refuse to promote or hire someone because of: Proving discrimination is not necessarily easy, but it’s not impossible. If you believe you were discriminated against, you have the right to take legal action against your federal agency. To better understand what workplace discrimination looks like, here are several other examples: If you are considering pursuing a formal complaint about your missed promotion, you need to act quickly. You don’t have a lot of time to initiate your EEO complaint. What to Do When You Are Passed Over for a Promotion? Employees who have experienced discrimination in their workplace have legal rights. You should start by asking the hiring manager or your boss to explain why you were not promoted. If they don’t give you a straight answer or your gut tells you there is something they are leaving out, consider digging deeper. This is an excellent time to contact an experienced federal employee lawyer. At the Law Office of Aaron D. Wersing, we focus on legal issues affecting federal employees. We have years of experience representing clients in workplace harassment and discrimination claims. There is no harm in contacting us to discuss your situation. We can evaluate your case and let you know what the best course of legal action is. Depending on the circumstances, your attorney may suggest you make a complaint about the alleged discrimination. This is when you want to pay close attention to conversations in your office. Look for patterns of discrimination. Some incidents may not be overt. Gather any text messages, emails, or other documents you have that could point to discrimination in the workplace. Understandably, you might be concerned about retaliation after reporting that you were passed over for a promotion by a less-qualified candidate. While illegal, retaliation does occur in workplaces, including federal agencies. If you reported discrimination or harassment and adverse employment action has been taken against you, it’s time to contact our office. Filing an EEOC Claim as a Federal Employee If you are considering filing a EEO complaint of discrimination against your agency, the process is unique for federal employees. Your first step is to speak with an EEO counselor at the agency where you work. Typically, you have only 45 days from the date of discrimination to contact them. You can then elect to process your case through traditional EEO counseling or an alternative dispute resolution (ADR) program. A qualified federal employment attorney can advise you as to which route to take in your specific case. In the event your dispute doesn’t resolve through one of these two methods, you have up to 15 days to file a formal complaint with your agency’s EEO office, which leads to a fact-finding investigation. Once they have completed this investigation, you have the choice to have the agency issue their decision through a final agency decision (FAD) or request a hearing before an EEOC administrative law judge. Depending on the outcome, you may later need to appeal by filing a civil action in federal court. Contact Our Federal Employee Lawyer Today When you’re dealing with being passed over for a promotion discrimination by a less qualified candidate, we can help you. If there is discrimination happening in your federal workplace, it’s probably not an isolated incident. Employers cannot discriminate against employees, nor can they retaliate if an employee reports an incident. To learn more about your legal options after being discriminated against, contact the Law Office of Aaron D. Wersing today.

Mar 29, 2022 | By Aaron D. Wersing | Read Time: 2 minutes | Workplace Discrimination

What to Do If You Were Wrongfully Demoted

Getting demoted at work can be a crushing blow to your career. However, it’s especially devastating and unjust when you know you were wrongfully demoted. Maybe your boss decided to demote you because of your skin color or gender. Or perhaps your boss demoted you because you made a complaint about a legal or ethical violation in your workplace. Regardless of the reason, it’s essential that you preserve your rights immediately and defend yourself against your employer’s actions. To get in touch with an experienced federal employment attorney, contact the team at the Federal Employment Law Office of Aaron D. Wersing, PLLC for immediate assistance. What Does Wrongfully Demoted Mean? When a person says they have been demoted, they mean that they’ve been reduced to a lower rank or less senior position. For example, a federal supervisor may demote their subordinate from a GS-13 job to a GS-12 position. Sometimes, demotions are implemented as a form of discipline, to hold an employee accountable for alleged misconduct or poor performance. Other times, employees receive a demotion because of illegal, discriminatory reasons. It’s important to understand that federal discrimination laws prohibit any adverse actions, including demotions, for illegal and discriminatory reasons. More specifically, you cannot receive a demotion because of your: If you think you are being demoted at work because of one of these discriminatory reasons, you need to act quickly. You can file a complaint with the Equal Employment Opportunity Commission (EEOC). You may also have the right to appeal your demotion with the Merit Systems Protection Board (MSPB). These avenues are very different, and it is important to speak to an attorney familiar with the unique rights of employees of the federal government. Whatever appeal path you take, it’s essential that you act in a timely manner. Although the law grants you the right to hold your employer accountable for discrimination, you cannot wait very long. Otherwise, your complaint will be untimely, and a judge will likely toss it out. Want to Learn More About Your Options After Being Wrongfully Demoted at Work? Now that you know what being wrongfully demoted means, you’re probably wondering what to do next. You also know why wrongful demotions can happen and what agencies you can file a complaint or appeal with, but you’re probably unsure of how to actually start the process. Knowing that you’ve been wrongfully demoted is just the beginning of your journey for justice. At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our attorneys will do everything possible to protect your rights. When you walk through our doors, we know you’re hurting and need some help. We want to sit down with you to hear your story. But then we will use our knowledge and experience to apply the law to your case. We’ll show you your options. Whatever you decide, we promise to aggressively pursue justice for you. On top of that, we will provide you with outstanding customer service. To us, you’re not a number. You’re a human being with a valuable story and inherent rights. Together, we can help you gain the compensation you deserve for your wrongful demotion. You have nothing to lose by calling us today at (866) 891-0578 and sharing your story with us. You can also contact us online. Don’t wait another second. Let’s get underway today.

Mar 16, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Origin Discrimination in the Federal Workplace Overview

Most people understand what racial discrimination, sex discrimination, and disability discrimination all look like. Discrimination based on national origin is a little more difficult to define, and it often overlaps with racial discrimination. Yet even if it isn’t well known, many federal employees experience national origin discrimination every day they go into work. Just as with any other problem, the first step to solving an issue is recognizing and defining it. As such, it’s critical that federal employees understand what national origin discrimination looks like. If you think that you or a loved one are experiencing this kind of discrimination, know that the law is on your side. Furthermore, you are entitled to compensation for any such discrimination you experience. To learn more, contact a knowledgeable employment attorney right away. What Is National Origin Discrimination? The Department of Labor’s (DOL) Civil Rights Center provides an excellent definition of discrimination based on country of origin. Specifically, national origin discrimination is any employment discrimination against an employee because of that person’s: Country of origin; Native language; Ancestry; Accent (although English fluency can be required); Ethnic dress or habits; or Actual (or perceived) place of birth. National origin discrimination can also occur if someone is targeted for “looking” or “sounding” like a certain group of foreigners, even if they do not actually belong to that group. Thanks to Title VII, employees cannot fire (or fail to hire) an employee because of their national origin. In fact, employers cannot let an employee’s country of origin affect any decisions related to any term or condition of employment. Terms and conditions of employment include things like an employee’s pay, job assignments, fringe benefits, training, and schedule. If you believe any of these terms and conditions have been impacted because of national origin discrimination, then you have protection under the law. National Origin Harassment Harassment based on national origin is also illegal. The U.S. Equal Employment Opportunity Commission defines “harassment” as unwelcome conduct that is related to a protected characteristic like national origin. Harassment based on national origin can include behaviors like: Demeaning comments about a person’s country of origin; Offensive jokes about a person’s native culture or language; Cultural, ethnic, or national slurs; and National or ethnic stereotypes. However, one offensive joke or comment generally isn’t enough to rise to the level of illegal harassment. Instead, the harassment has to either become a condition of the employee’s job or become severe enough to create an objectively intimidating, hostile, or abusive environment. What Should I Do If I Am Experiencing National Origin Discrimination? In almost all circumstances, you can help yourself by taking several key actions. First, document all incidents of national origin harassment or discrimination. Include details like the time, place, date, and the name of the offender. Second, try to resolve the issue with the offender unless you feel that it is dangerous to do so. In some cases, the offender simply doesn’t understand how they are coming off to others. Other times, they are simply acting ignorantly. Finally, report the behavior to a supervisor. If your supervisor is the cause of the offensive and discriminatory behavior, go to their supervisor. Looking to Defend Your Rights? Let Us Help In a perfect world, national origin discrimination would be unheard of. Unfortunately, we live in a flawed world, which means that discrimination is an all-too-familiar occurrence for many federal employees. However, if you are experiencing discrimination based on your national origin, you don’t have to put up with it. Our attorneys at the Federal Employment Law Office of Aaron D. Wersing, PLLC, are dedicated to holding federal employers accountable. If you’ve been the victim of discrimination, we want to help you seek justice and get your life back together. From the moment you step into our office, we’ll fight to earn you the compensation you deserve. Contact us online or give us a call at (866) 891-0578.

Jan 26, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Federal Employees Should Know About Working While Pregnant

Federal employees who are pregnant or may become pregnant have special rights under the law. For one, they have protections against pregnancy-based discrimination and gender-based discrimination. In addition, they have the legal right to receive certain work adjustments while they are pregnant. If you or a loved one are facing pregnancy-related discrimination or are not receiving accommodations from a federal employer, you should contact a qualified workplace discrimination attorney at the Law Office of Aaron D. Wersing, PLLC immediately. Working While Pregnant: Relevant Federal Laws In 1978, Congress passed the Pregnancy Discrimination Act (PDA). This act expanded the prohibition against sex discrimination to include discrimination relating to pregnancy, childbirth, and all related conditions. In other words, your employer cannot discriminate against any employees in any way because they are pregnant or were pregnant. This prohibition applies to all aspects of employment, including hiring, firing, pay, and job assignments. In addition, employers cannot discriminate against employees because they intend to become pregnant or have a medical condition related to pregnancy. The PDA also prevents employers from harassing those who are working while pregnant. Harassment includes a variety of behaviors, including: Finally, the PDA prohibits employers from excluding pregnant women from certain work conditions for their “protection.” Due to these expansive protections against pregnancy-related discrimination, any employee who believes they are experiencing harassment because they are working while pregnant should contact an attorney. Accommodations for Working While Pregnant Other laws provide additional protections for pregnant employees. For example, the Family and Medical Leave Act entitles employees to take up to 12 weeks of leave for the birth of a child. Furthermore, employees who are working full-time while pregnant—or even just part-time—may be able to get accommodations to help them perform their job. According to the EEOC, possible accommodations for employees who are working while pregnant can include things like: A pregnant employee can also receive accommodation for conditions that are caused or aggravated by their pregnancy. Potential conditions include: Ideally, the pregnant employee will be able to perform the regular duties of her job with accommodations. In some situations, however, the employee may not be able to perform certain functions of their job while pregnant. In these cases, the PDA allows employers to temporarily alter the pregnant employee’s job duties. Alternatively, the employer can transfer the pregnant employee to a different position until she delivers the child. Employers should engage in an interactive discussion with pregnant employees to determine possible accommodations. Do You Want to Learn More About How the Law Protects Those Who Are Working While Pregnant? Creating a family is a special and exciting time of life for most people. Although it also comes with many challenges and trials, discrimination and harassment should never enter the picture. When discrimination and harassment occurs, it can have a devastatingly negative impact on the mother’s mental and physical health. That’s why it is so important for you to get legal help immediately if you think you or someone you love are suffering from workplace pregnancy discrimination. Contact a Federal Workplace Discrimination Lawyer Today Here at the Law Office of Aaron D. Wersing, PLLC., we are fully committed to protecting our clients from any form of workplace discrimination. We will fight to ensure that you have a safe place to work, free from discrimination. We’ll also fight to get you any compensation you deserve for any harm you have endured so far. Even if you aren’t sure whether you need an attorney or are facing discrimination, contact us today. Don’t wait. Give us a call today at (866) 612-5956. Let us help you defend your rights!

Jan 26, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

What Is Cyberbullying Under Federal Law?

Merriam-Webster defines cyberbullying as “the electronic posting of mean-spirited messages about a person” that is “ often done anonymously.” Cyberbullying most commonly occurs on social media platforms like Facebook and Instagram. That said, it can also happen over text, by email, and in online forums and chat rooms. Furthermore, cyberbullying can happen at any time. In fact, it can even happen at work. If you’ve been the target of cyberbullying at work, it is critical that you get legal help. Examples of Common Workplace Cyberbullying Situations Cyberbullying can take many different forms. Here are a few: In each one of these instances, the victim can feel powerless. And it’s not surprising why. Cyberbullying in the workplace is both a serious and novel phenomenon. Unlike traditional bullying, which can take place only in limited situations and times, cyberbullying can occur 24 hours a day, seven days a week. This makes it impossible for the victim to escape the torment. In addition, cyberbullying is generally more public, since threatening or targeting posts can be posted and shared across the internet instantaneously. Even one thoughtless tweet or message can lead to devastating personal and public consequences. Paradoxically, however, cyberbullying can be completely anonymous and hard to track down. Yet the effects of cyberbullying can last for years. Cyberbullying in the Workplace Statistics Because cyberbullying in the workplace can be so difficult to monitor, it’s distressingly common. A 2016 study by the University of Sheffield and Nottingham University revealed that approximately 80% of the participants involved had experienced cyberbullying in the workplace in the six months preceding the study. The effects of cyberbullying in the workplace are serious. Cyberbullying can cause stress, anxiety, and depression. It reduces workplace productivity, and it can also negatively impact workplace culture and increase burnout and turnover. Workplace Cyberbullying: Legality Although there is no federal law that prohibits cyberbullying specifically, cyberbullying often overlaps with illegal conduct. For example, cyberbullying can constitute illegal discrimination or harassment. Cyberbullying can also result in federal stalking charges or defamation charges. Approximately half of the 50 states have adopted some kind of anti-cyberbullying law. If you’re suffering from cyberbullying, it’s important for you to take the following steps: In addition, you should also consider contacting an attorney. We Can Help You Defend Yourself from Workplace Cyberbullies Here at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we are passionate about protecting federal employees. Our practice focuses specifically on federal employment law; we’re familiar with all kinds of federal employment claims, including cyberbullying. If you’re experiencing cyberbullying in the workplace, we can help you understand your legal options and what you can do to protect yourself. We know that hiring an attorney can be a significant financial burden. However, we don’t want money to keep you from contacting us. Don’t let the trauma of cyberbullying continue. Reach out to us today.